In Re A.O.
109 CAL.RPTR.3D 899, 185 CAL.APP.4TH 103, 2010 DAILY JOURNAL D.A.R. 7979, 10 CAL. DAILY OP. SERV. 6797, 2010.CA.0004332
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Publisher Description
Aaron O. (Father) appeals from an order on a supplemental petition (Welf. & Inst. Code, 387) terminating a home of parent order and removing his daughter A.O. from his care after his arrest and incarceration and placing A.O. with Fathers wife (Stepmother) in the same house in which A.O. had been living with Father and Stepmother before Fathers arrest. We affirm the order sustaining the section 387 petition because substantial evidence supports the juvenile courts finding that the previous home of parent order was no longer effective to protect A.O. We also hold that a basis to avoid the assertion of dependency court jurisdiction over a child under section 300, subdivision (g) -- the incarcerated parents making an appropriate arrangement for the care of the child by a relative or friend -- is inapplicable to a supplemental petition under section 387 because section 300, subdivision (g) deals with the initial imposition of dependency court jurisdiction over a child, which is not at issue on a section 387 petition to terminate a home of parent order.